ZACHARIA SOMI NG'ANG'A V. FRANCIS MWANGI NJUGUNA & MARGARET WANGECHI NJUGUNA

JUDGMENT OF THE COURT

1. By a plaint dated 3rd February, 2009, Francis Mwangi Njuguna and Margaret Wangechi Njuguna, (the 1st and 2nd respondents before us), sued Zacharia Somi Ng’ang’a (the appellant), seeking orders as follows:

(i) an injunction restraining the defendant by himself, his servants and/or agents or through any other person or authority from dealing with the suit land being Nairobi Block 72/1026;

(ii) an order that the defendant be evicted from the suit land being Nairobi Block 72/1026;

(iii) general damages for unlawful occupation;

(iv) costs of the suit;

(v) any other relief deemed just and expedient.

2. In their plaint, the respondents claimed that they bought the suit land at a public auction held on 22nd January, 2004 at a price of Kshs. 2.5million; and that although they transferred the suit land into their names on 4th January, 2007, the appellant refused to move from the suit land and has continued to occupy the same, thereby rendering the suit necessary.

3. Filed simul…